scholarly journals Fakultativna međunarodna pravila u oblasti ugovornog prava reosiguranja

2021 ◽  
Vol 20 (01) ◽  
pp. 38-51
Author(s):  
Slobodan Jovanovic ◽  
Ozren Uzelac

The state of reinsurance contract law as unregulated has continued to this day. One of the reasons for reluctance in adopting particular legislation for reinsurance contracts lies in the fact that it is a legal job between professionals − two legal entities who have adequate professional knowledge and who do not need a specifi c legal framework to regulate their legal relationship. However, aft er the outbreak of the World Financial Crisis at the end of 2007, it became apparent that the fi nancial sector had to submit to stricter rules on risk management and providing suffi cient capital to cover them, unless possibleotherwise. In this regard, an initiative for formulation of the appropriate reinsurance contract law at supranational level was launched in 2015. Th e fi rst version of the Principle of Contract Reinsurance Law published in November 2019 is the subject of attention in this paper. In this paper, the authors investigate the content and eff ect of the provisions of these Rules, but do not analyze in more detail relevant provisions of the Rules of International Trade Agreements of the International Institute for the Unifi cation of Private Law of 2016, which apply supplementary to the reinsurance contract law. In this research, the authors primarily considered the aforementioned solutions and their eff ect on the rights and obligations of the reinsurer and the reinsured, with reference to the views of legal reinsurance theory.

2021 ◽  
Author(s):  
Chuyi Fang

In this dissertation, I provide a compelling explanation about why the World Trade Organization (WTO) permits retaliation only after a lengthy delay. I then explain why it usually rejects requests for retaliation (or a reciprocal withdrawal of concessions) in other related inter- national agreements. Next, I consider a more general problem about agents negotiating over an allocation of some surplus. This multilateral bargaining model could be applied to international trade or many real-world negotiations. I begin by taking a dynamic mechanism design approach and analyze the welfare effects among same-sector retaliation with and without delay as well as cross-sector retaliation with and without delay. I show that a retaliation with delay mechanism generates higher welfare and supports a higher self-enforcing level of cooperation than does a retaliation without delay mechanism. I demonstrate that under certain conditions, a same-sector retaliation mechanism generates higher welfare and supports a higher self-enforcing level of cooperation than does a cross-sector retaliation mechanism. All the above results are showing to hold for several different stochastic process of how a state of the world evolves. I then consider a more general case of bargaining where the size of the surplus is endogenized. In my model of the first two chapters after the introduction, although the size of the surplus varies across time, it still evolves in a stochastic manner. In many real-world negotiations, however, a surplus is usually created by players and each player may have certain power to influence a recognition process. Hence, my main innovation in the last chapter is to allow a surplus as well as recognition probabilities to be endogenously determined by players' actions. I assume that players' actions can have either persistent or transitory effects on a bargaining process. I compare the equilibrium outcomes under different voting rules and show that when a competition becomes less intensive (i.e., a proposal needs the consents of more players), it raises social welfare while it makes a free-ride problem more severe.


1973 ◽  
Vol 7 (1) ◽  
pp. 62-66

A Declaration Adopted by the Uppsala Collogium, Sweden, June 21, 1972. In June 1972, in Uppsala, Sweden, legal and human rights experts from 25 countries joined in a colloquium to examine the meaning and implications of Article 13 (2) of the Universal Declaration of Human Rights, which states: “Everyone has the right to leave any country, including his own, and to return to his country.” Brought together under the auspices of the Law Faculty of Uppsala University, the Renέ Cassin International Institute for Human Rights, in France, and the Jacob Blaustein Institute for the Advancement of Human Rights, in New York, the participants reviewed current policies and practices around the world related to the right to leave and to return. Taking as their springboard a group of draft principles approved in 1963 by the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, they adopted a Declaration on the subject.


2021 ◽  
Author(s):  
Chuyi Fang

In this dissertation, I provide a compelling explanation about why the World Trade Organization (WTO) permits retaliation only after a lengthy delay. I then explain why it usually rejects requests for retaliation (or a reciprocal withdrawal of concessions) in other related inter- national agreements. Next, I consider a more general problem about agents negotiating over an allocation of some surplus. This multilateral bargaining model could be applied to international trade or many real-world negotiations. I begin by taking a dynamic mechanism design approach and analyze the welfare effects among same-sector retaliation with and without delay as well as cross-sector retaliation with and without delay. I show that a retaliation with delay mechanism generates higher welfare and supports a higher self-enforcing level of cooperation than does a retaliation without delay mechanism. I demonstrate that under certain conditions, a same-sector retaliation mechanism generates higher welfare and supports a higher self-enforcing level of cooperation than does a cross-sector retaliation mechanism. All the above results are showing to hold for several different stochastic process of how a state of the world evolves. I then consider a more general case of bargaining where the size of the surplus is endogenized. In my model of the first two chapters after the introduction, although the size of the surplus varies across time, it still evolves in a stochastic manner. In many real-world negotiations, however, a surplus is usually created by players and each player may have certain power to influence a recognition process. Hence, my main innovation in the last chapter is to allow a surplus as well as recognition probabilities to be endogenously determined by players' actions. I assume that players' actions can have either persistent or transitory effects on a bargaining process. I compare the equilibrium outcomes under different voting rules and show that when a competition becomes less intensive (i.e., a proposal needs the consents of more players), it raises social welfare while it makes a free-ride problem more severe.


2016 ◽  
Vol 8 (7) ◽  
pp. 38
Author(s):  
Luyolo Matolo ◽  
Li Zhemin ◽  
Yu Wen ◽  
Huang Min

<p class="NoSpacing1">South Africa orange exporters have for a long time enjoyed a sizeable market share in many parts of the world. A large portion of that sizeable market share can be located in the European countries then followed by fast developing countries in Asia. This market share can be associated with a declining South African currency compared to the values of these major currencies. On the other hand a number of trade agreements that have been reached by South Africa and these countries over the years have also contributed handsomely in the mentioned market share. Furthermore, diets of consumers in these countries have as well contributed in the conquered market share. Although a number of studies have been conducted on the subject of South Africa’s declining currency and the established trade agreements on products with mixed magnitudes in influencing trade flows, further research is needed for a better understanding on the trade determinants patterns in specific products. This paper focuses on the determinants of South Africa’s orange trade in the top European and Asian importing countries. In order to understand these trade determinants, gravity model has been applied to identify and analyze significant factors encouraging or discouraging the quantities/volumes of oranges exported to the above mentioned countries. Findings have shown that over the reviewed period, South Africa’s orange exports to the European market have been consistence, while exports to Asian market started slow and gradually increased over the years. Gravity model estimated coefficients also showed expected signs.</p>


2020 ◽  
Vol 88 (3) ◽  
pp. 151-154
Author(s):  
Andrea Cioffi ◽  
Giuseppe Bersani ◽  
Raffaella Rinaldi

Assisted suicide is the subject of much debate throughout the world. In Italy, on 24 September 2019, the Italian Constitutional Court legitimised assisted suicide under certain conditions: self-determination capacity, irreversible illness and intense physical/psychological suffering of the patient. This historic judgement surely paved the way for an evolution of the Italian legal framework on the matter but also raised some challenging medico-legal and bioethical questions. This study aims at analysing two of the most controversial among them: the inclusion of psychiatric patients among eligible patients for assisted suicide and the position of physicians related to their right to conscientious objection.


2021 ◽  
Author(s):  
Todd Bridges ◽  
Jeffrey King ◽  
Jonathan Simm ◽  
Michael Beck ◽  
Georganna Collins ◽  
...  

The application of natural and nature‑based features (NNBF) has grown steadily over the past 20 years, supported by calls for innovation in flood risk management (FRM) and nature‑based solutions from many different perspectives and organizations. Technical advancements in support of NNBF are increasingly the subject of peer‑reviewed and other technical literature. A variety of guidance has been published by numerous organizations to inform program‑level action and technical practice for specific types of nature‑based solutions. This effort to develop international guidelines on the use of NNBF was motivated by the need for a comprehensive guide that draws directly on the growing body of knowledge and experience from around the world to inform the process of conceptualizing, planning, designing, engineering, constructing, and operating NNBF.


JAHR ◽  
2019 ◽  
Vol 10 (2) ◽  
pp. 375-394
Author(s):  
Mile Marinčić ◽  
Berislav Čović

The topic of TTIP and CETA was almost completely suppressed in Croatia.1 Those are very important international agreements which could have far-reaching consequences both for the world and individual countries. Maybe Croatia, as well as the EU, is not so much involved in the whole story concerning TTIP. However, CETA is an agreement signed by Canada with the European Union. Therefore, after the approval of the European Parliament, EU provisions, such as the customs policy, can immediately start to apply, which means abolishing duty rates for 99% of the products as early as 1 January 2017. The decision on the CETA conclusion on behalf of Croatia was initiated by the technical Government of Tihomir Orešković at its last session.2 The superficial interpretation of these certainly not harmless agreements is of too little interest to both philosophers and theologians in Croatia, and except for the Centre of Excellence for Integrative Bioethics’3 reaction concerning this question, other philosophical-theological discussions seem to be lacking. The impression is that philosophers and theologians feel these issues do not concern them. In this paper we will try to make clear that the above-mentioned international agreements concern both philosophers and theologians, and that they certainly should, from their field, from the theoretical level, engage in the discussion of the said agreements.


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